venkat
23 February 2012 at 18:18
Dear Experts,
Wife has gone to her parents home, she is demanding me that i have to left my parents ( serve all ties ) and have to live with her. I have 2-year old daughter, now i am teared btwn my future (wife & daughter ) and my past ( parents ). i cant loose any one. I am in fear of sending any notice or RCR, beacuse it may be cause to her to file 498A,dv,dp3,4 etc.. Please guide me. Also one big doubt : can MIL file DV on DIL for mental cruelty.
Sneha
23 February 2012 at 17:44
Hi ld. experts
Can someone guide me as to how to go about based on below brief ;
I am 49 yrs. old female holding PhD in education. Was married in 2004 (at a late age of 41 yrs.) Just after few months of marriage I went overseas on teaching assignment. Shortly aftyer reachign assigned country I sponsered by job-less husband to join me overseas. he remained job less there while staying with me. My overseas assigment was for 4 years (2008) and I came back alone back to my natal home as the contract was over. My husband was interested to do some job overseas is what he said at the time I was coming back and in assitance of one of his friend he got employment visa in a neighbouring country where I was assigned in a contract job and moved from my erstwhile assigment place to his friends country and is doing job there till date.
Since 2008 after coming back to India we have lost contact of each other as I donot know his friend other than name reference nor I have his friends address and or my husband overseas address till date. My husband is native of AP State. His parents along with his married sister are living in a rented place in one of the city in AP. My natal home is Mumbai. I and my parents contacted my FIL / MIL and SIL for finding solution as to what status is my marriage all about but they said they cannot help nor they are providing any contact details of my husband to talk or sort these out. My parents are old (87 yrs. old) and surviving on their pension and though the flat is ours own but I donot want to trouble them now in running around. I donot have any siblings.
Education line is one line where job security is not there. Plus now I am nearing 49 years. My marriage is almost broken down since we are not in touch nor I know where my husband is living nor my In Laws are telling me anything.
What I want is divorce so that probably I can re-marry (I know tough at this fag end) but may be a companion for forthcoming old age is what I am thinking.
Also note one of my uncle in Delhi had faught / won his legal seperation from his wife all the way upto SC as party in person and knows family law but (male - husband point of view).
1. AP + Mumbai + Delhi have Family Courts as per FC Act.
2. Me and my husband have stayed in all three places but currently I am staying in Mumbai. I have contract job offer in Delhi too at the moment.
3. I am looking for divorce and not maint. nor alimony as I know first finding him is going to be a challenge and then processing the case will take my end of life so I want to forgo maint. / alimony etc. .
My specific question now are;
1. Does Family Court allow my Uncle to represent me as due to un-certain jobs I almost cannot afford Advocate as well as I cannot run around various Courts and donot know much about process of Courts but I will come for Evidence which is what I can afford to?
2. Can Delhi's Family Court become Jurisdiction to file Divorce under desertion grounds as we (my husband and me) both stayed for some time in Delhi as well as currently I can work in Delhi and my uncles home is also in Delhi?
3. I can service notice to my in laws address as that is the address I know my husband lives at when he secretly comes back to India as well as same address is in his passport.
4. Should I file DV Act and or S. 498a IPC or just plain Divorce (desertion grounds)?
How to go about.
Advise????????
Harsha Harsha
23 February 2012 at 13:45
I approached collector office for DV act. PO is not present there. They asked me to come next week. Other people there said me that for filing DV act in chennai, collector i need to come with lawyer. Is tT?
I went with my parents only.
and theytold that thy will give one form DV act i need to fill it with the help of my lawyer to do this. is it?
My lawyer is not cuming if i ask him. :(
Moreover the people over said that since he has already paplid divorce in court, PO will not create FIR/case. Is it?
But he is not appearing in any hearning also. His lawyer told for protecting himself from police only they created case for divorce. So he wont appear lik that.
Raj Aryan Malhotra
23 February 2012 at 12:20
Dear Sirs,
I would just to get clarified to my frnd on below points,
.It is possible to get anticip.. Bail for me and my family under IPC 498A
.Can we waive the period of 6 month for granting decree of divorce under mutual consent for marriage happened under Special Marriage act..like how they have Section 13B(2) of the Hindu Marriage Act..?? Do we have something like for Special Marriage Act.. WHen either party marriage is fixed with other or other party not able to come for long tiem due to foriegn assignment...
Pls SUggest..
SSng Aulakh
23 February 2012 at 11:48
I 34 year age women, I did court married to a person. He did not declare before marriage that he is impotent and is not able to perform any sexual relationship at all. This I came to know only after I shifted to his house, when he misinformed me that the problem is temporarily for which he is taking treatment. Two years had already passed.
I have inquired on this matter and it is established that his previous wife has also left him six years back on the same issue.
This person has cheated me, in spite of my inquiry made from him before marriage.
this is putting lots of mental pressure on me, and my health is deteriorating badly.
Please advise, what should I do ?
ad
23 February 2012 at 10:53
Dear Friends,
I am in hard need to search a decision of Justice Sh. B D Mohta, Bombay high Court near about 20 to 25 yrs ago in reg. jurisdiction of Court in reg. section – 18 of Hindu Adoption and Maintenance Act, that the jurisdiction is with District Judge or with Senior Division only and not with JMFC.
Pl. Help if someone has the same or can find it for me, that my wife filed the same case in JMFC and I have taken the objection and filed the writ petition in Nagpur high Court and it is necessary for me to find out this judgment for my case, as next hearing is due on 24.02.2012. or any other judgement for the same matter pl. provide and help me.my e-mail is ravin_2009@yahoo.co.uk
Regards.
Ranganath
23 February 2012 at 01:26
Ld counsels,
due to professional commitment husband couldnt appear before family court for two dates. In the last occasion on the same date he appeared in person before High court though the case reached for hearing in HC. Family court had dismissed divorce suit in default.
Last two dates where short dates within one week time. will appearance before HC be accepted as reasonalbe cause for restoring the divorce suit. Thanks in advance.
Shantanu Wavhal
23 February 2012 at 00:36
Today (22/02/2012) was 3rd hearing of my marriage petition @ District court.
Respondent wife did not appear in person.
(Summons served before 42 days)
1 advocate filed Vakalatnama on her behalf & filed application for granting more time to file WS.
(application allowed - next date given for filing WS = 21 / 03 / 2012)
I had already discussed my case in detail with this advocate.
What action can be taken against this advocate ?
Will it be harmful to my case if i file an application in court against this advocate ?
ganesh
22 February 2012 at 23:40
wheather mutual consent divorse sec 13-B after decree and judgement is appealable? and if yes what is a timelimit for the appeal for mcd?
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Mcd terms and what is its implication
In mcd terms
1. father shall not avail right of access of minor children now and in future
2.wife is not entiltled to claim any maint. for minor children
What is its implication
a.can mother can not claim maint in future?
b. can father shall never access of his childeren in future?
Experts please reply.